The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-11
STATE RIGHTS AND THE SUPREME
COURT.


The Ncir York Er1ing Pot has done the
country great service by calling attention
to the fact that the protests Of the Repub-
lican newspapers against the appointment
OF Secretary lamar to the vacant place on
the bench Of the Supreme Court was the
result of "tln dcnsest ignorance" or,
rs we think n prposed ignoring OF the
history of that conrt since the war The
Post has no doubt that the men who car.
ricd the post-belhpn amendments to the
Constitution supposed they were efecting
ms violent n change in the relations Of the
States TO the Federal government, as revo-
lutionary as any llamiltonian Fcderalist
had ever dreamed OF, that the pendulum
had swung az far from the center one way
rs the extremists who have misinter-
preted Calhoun had labored 10 make II
swing TO the other. The Republican ma.
jority in Congress from 1885 TO 1870 legis.
lated in this belief, and, in the spirit of the
auiocratic power the amendments were
supposed toconier, directed and controlled
the affairs Of the Southern States during
the reconstruction period. They first
recognized the legality Of the acts Of the
Legislatures organized Immediately after
the war, because their consent was neces.
sary TO the adoption OF the amendments;
but this done, they were dispersed At the
point OF the bayonct by the power which
Il was supposed these amendments had
centralized almost 10 the point Of irresponsi.
bility that was 30 long the dream Of the
Fedcnlists. No other justification, palla-
ton orcxcuse eau be found for the infamous
usuipations that characterized that dis
graceful and disccditable era in our
country's history. Congress was master
Of the Situation, and dictated to the Tx.
ccutivc "a supremacy rs the French Cham
Der Of Deputies recently did TO President
Greyy. II went farther. In one of the
angry aud ferco debates upon a recon.
siruction measure more sweeping than
those TINT preceded Il Republican leaders
like Blaine and Boutwell, threatened, In
case the Supreme Court interviewed be.
tween the anarchical majority Of the House
aud Senate and their victims, TO abolish Il.
Il was they declared, the creature Of leg
islaton, and rs Il was made Il could be
unmadc. But the court, almost altogether
Republican in It's membership, was not
affected by this threat II was, ~ has nj.
ways been the case with courts, affected In
many Of lis decisions by the prevalent
public sentiment, but II delivered itself In
no uncertain way upon purely constitu
tional questions. AS Tho Podquotes, the de
cision in what are known Us the Louisiana
slaughtcr.house cases, rendered In 1872
only a short time after the adoption o
these amcndmc,its, expressly declared that
Eve do not sec IN those amendments any
purpose TO destroy the main features o.
the general system as 1t had existed be
fore the war. Tho subsequent decision
which PRONOUNCED Unconstitutional and
void the "kuklux pct and the civil right
net. because the ''absurd" theory on
which they wyc based would make
Congress take die place Of the State Lcgis
laturcs and slRcFcdc them" ought Il
have removed any doubt as to the court,
position which had survived the deliver
nncc Of 1872. Justice Miller, the oldcsI
Republican In point OF service, in his noia
bile address upon the supreme Court be-
fore the Law Alumni of Michigan uniycr
.ito. last summer summed mp the cas-,
when he said ut may be considered
now AZ settled that, with the exception o
the specific provisions In them the amend
mcnts1 Tor the protection Of the personal
rights Of the citizens and people Of The
United states. aud the necessary rcstric
tons upon the power OF the States for that
purpose, with the additions to the powers